David Headley deserved death penalty: US judge

WASHINGTON: A US federal court on Thursday sentenced Pakistani-American terrorist David Headley aka Daood Gilani to 35 years in prison for his role in the ISI-LeT sponsored 26/11 attack on Mumbai, with the judge expressing unhappiness over the prosecution seeking a relatively light term given the magnitude of Headley's offences.

The 52-year-old Headley had entered into a plea bargain with the US investigators under which he escaped death sentence. But many were left surprised when the US prosecutors did not seek a life sentence for Headley.

Headley was ordered to serve 35 years, followed by five years of supervised release by US District Judge Harry Leinenweber.

There is no federal parole and defendants must serve at least 85% of their sentence.

"Mr Headley is a terrorist," the judge said while imposing the sentence in a packed court. Leinenweber also said, "He commits crime, cooperates and then gets rewarded for the cooperation. No matter what I do, it is not going to deter terrorists. Unfortunately, terrorists do not care for it. I do not have any faith in Mr Headley when he says that he is a changed person now. I do believe that it is my duty to protect the public from Mr Headley and ensure that he does not get into any further terrorist activities. Recommending 35 years is not a right sentence."

Asked if he wanted to make a statement, Headley, said, "No, your honour".

"The sentence I impose, I'm hopeful it will keep Mr Headley under lock and key for the rest of his natural life," Leinenweber said. The judge said it would have been much easier to impose the death penalty. "That's what you deserve".

Former US attorney Patrick Fitzgerald, who led the government case, told the court that Headley was involved in a "very, very heinous crime" but the judge should consider the "unusual nature" of Headley's cooperation. Headley will cooperate with Indian investigators every way short of an extradition, including through further questioning and videoconferencing, the court was told.

Fitzgerald told the court that Headley, a former informant for the US Drug Enforcement Agency, "freely admitted" his role in the Mumbai massacre within half an hour of being given his Miranda rights following his arrest in Chicago.

The sentencing took place amid heavy security. Many people could not be fitted into the courtroom, delaying proceedings.

Headley order has victims' kin seething

The lighter sentence of 35 years for David Headley was strongly challenged by the families of the victims. Speaking on behalf of the victims, a teary-eyed Kia Scherr, who lost her husband and daughter in the attack, told the court that Headley must be made to bear the consequences of what he did. "I feel that the magnitude of the killing that took place, David Headley has no right to live. He must bear the consequences of... this would be a morale outrage if Headley got only 35 years," Scherr said.

Facing Headley, who had testified extensively about how he developed his faith and started hating India, Kia Scherr — who testified on behalf of the families of the victims of 26/ 11 — said: "I do not know you. I know you only from the testimony you gave in this courtroom. I have no understanding of how you choose this path. Your path is not my concern."

In pleading guilty and later testifying for the government at the trial of co-defendant and school friend Tahawwur Rana, Headley admitted that he attended training camps in Pakistan operated by LeT on five separate occasions between 2002 and 2005.

In late 2005, Headley received instructions from three Lashkar members to travel to India to conduct surveillance, which he did five times leading up to the Mumbai attacks in 2008 that killed approximately 166 people, including six Americans, and wounded hundreds more. A week back, Leinenweber had sentenced Rana to 14 years of imprisonment followed by three years of supervised release for providing material support to LeT and planning terrorist attack against a Danish newspaper.

Headley has confessed he had undertaken numerous scouting missions for his handlers in Pakistan. He had videographed a number of targets in India including the iconic Taj hotel in Mumbai which was attacked by 10 LeT terrorists.

According to security agencies, the detailed video made by Headley was the foundation on which 26/11 was planned and carried out. Headley, born to a Pakistani father and American mother, had even changed his name from Daood Gilani in 2006 to easily move in and out of India without raising suspicion.

US attorneys argued while there is no question Headley's criminal conduct was deplorable, his decision to cooperate provided uniquely significant value to the US efforts to combat terror. "We are seeking less than life time sentencing, because of the significant intelligence value information provided by Headley. Crime is deplorable, shocking and horrific. We have to recognize the significant value of the information. We believe that 30-35 years of imprisonment would be justified and balance and thus be downgraded from life sentence," Collins said.

Former US attorney Patrick Fitzgerald, who appeared in court, urged leniency saying Headley's decision to become an informant "saved lives".